[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Rules and Regulations]
[Pages 31397-31398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12313]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2013-0051; Airspace Docket No. 13-ANM-2]
Establishment of Class E Airspace; Cherokee, WY
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action establishes Class E airspace at the Cherokee VHF
Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME)
navigation aid, Cherokee, WY, to facilitate vectoring of Instrument
Flight Rules (IFR) aircraft under control of Denver and Salt Lake City
Air Route Traffic Control Centers (ARTCCs). This improves the safety
and management of IFR operations within the National Airspace System.
DATES: Effective date, 0901 UTC, August 22, 2013. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.
FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4537.
SUPPLEMENTARY INFORMATION:
History
On March 4, 2013, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish controlled airspace
at Cherokee, WY (78 FR 14032). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
Class E airspace designations are published in paragraph 6006, of
FAA Order 7400.9W dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR Part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in that Order.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by establishing Class E en route domestic airspace extending
upward from 1,200 feet above the surface, at the Cherokee VOR/DME
navigation aid, Cherokee, WY, to accommodate IFR aircraft under control
of Denver and Salt Lake City ARTCCs by vectoring aircraft from en route
airspace to terminal areas. This action is necessary for the safety and
management of IFR operations.
The FAA has determined this regulation only involves an established
body of technical regulations for which frequent and routine amendments
are necessary to keep them operationally current. Therefore, this
regulation: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act. The FAA's authority to
issue rules regarding aviation safety is found in Title 49 of the U.S.
Code. Subtitle 1, Section 106 discusses the authority of the FAA
Administrator. Subtitle VII, Aviation Programs, describes in more
detail the scope of the agency's authority. This rulemaking is
promulgated under the authority described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that section, the FAA is charged with
prescribing regulations to assign the use of airspace necessary to
ensure the safety of aircraft and the efficient use of
[[Page 31398]]
airspace. This regulation is within the scope of that authority as it
establishes controlled airspace at the Cherokee VOR/DME navigation aid,
Cherokee, WY.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air)
Adoption of the Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS
0
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR part 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012 is amended as follows:
Paragraph 6006 En route domestic airspace areas.
* * * * *
ANM WY E6 Cherokee, WY [New]
Cherokee VOR/DME, WY
(Lat. 41[deg]45'21'' N., long. 107[deg]34'55'' W.)
That airspace extending upward from 1,200 feet above the surface
within an area bounded by lat. 39[deg]59'03'' N., long.
110[deg]43'27'' W.; to lat. 40[deg]21'23'' N., long. 109[deg]42'25''
W.; to lat. 41[deg]10'22'' N., long. 109[deg]42'26'' W.; to lat.
42[deg]15'53'' N., long. 108[deg]06'44'' W.; to lat. 42[deg]52'37''
N., long. 107[deg]47'58'' W.; to lat. 43[deg]01'57'' N., long.
107[deg]06'08'' W.; to lat. 42[deg]23'15'' N., long. 106[deg]50'11''
W.; to lat. 41[deg]49'09'' N., long. 105[deg]41'46'' W.; to lat.
40[deg]33'32'' N., long. 105[deg]37'50'' W.; to lat. 40[deg]36'40''
N., long. 108[deg]02'31'' W.; to lat. 39[deg]26'08'' N., long.
110[deg]01'37'' W.; to lat. 39[deg]37'44'' N., long. 111[deg]07'28''
W., thence to the point of beginning.
Issued in Seattle, Washington, on May 12, 2013.
Clark Desing,
Manager, Operations Support Group. Western Service Center.
[FR Doc. 2013-12313 Filed 5-23-13; 8:45 am]
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